국제중재의 활성화를 위한 법원의 역할 - 중재판정부의 임시적 처분을 중심으로 -

The court’s role in all stages of arbitration including interim measures, examination of evidence, and recognition of awards is critical to the viability of international arbitration. Courts serve as a important bridge between arbitration proceeding and the abilities of the parties to vindicate the rights. The role of courts need to be served as a supporter which secures the authority of arbitral tribunals to decide the issues entrusted to them, not a supervisor that undermines the ability of arbitrators. Most modern law governing international arbitration, notably such as UK arbitration law, French arbitration law, Singapore arbitration law and UNCITRAL Model law, brings reduced judicial involvement in the arbitral proceedings, which is characterized as party autonomy, reduced judicial involvement, increased powers for the arbitral tribunal and equality of treatment between parties. In this respect, some form of court assistance is necessary for the constitution of the arbitral tribunal. First, that is the judge acting in support of the arbitration who has central jurisdiction in international arbitration. Second, the parties’ recourse to courts is open only on as subsidiary basis, namely in instances where the parties have not chosen a person responsible for administering the arbitration. Third, in performing its assistance function, the judge acting in support of the arbitration will not make any substantive assessment on the validity or scope of the arbitration agreement. Fourth, Courts will also be available to assist in evidentiary matters when third parties who may withhold evidence relevant to the dispute can be ordered by courts to produce such evidence at the request of one of the parties.